The case of a Conway man facing a potential life in prison sentence on charges of drug trafficking and the simultaneous possession of drugs and firearms may be headed to trial October 14.
Twenty-nine-year-old James Adrian Peer, who is represented by Little Rock attorney Patrick Benca, made a final pre-trial appearance Monday
Benca, who entered the case in mid-June last year, filed a motion to suppress evidence in mid-December last year. Instead of a hearing, lawyers have argued their positions in filings made to the court. A hearing on the motion was scheduled Monday but Benca told the court no hearing was necessary on Monday.
MOTION TO SUPPRESS
In the suppression motion, Benca alleges a traffic stop made on Peer’s vehicle was unlawful, done without probable cause and was only a “pretext” to launch an investigation. The defense lawyer contends “because the search in this case was unlawful, all evidence and statements obtained as a consequence must be suppressed.”
According to the probable cause affidavit, the 2006 white Jeep that Peer was driving was pulled over on State Highway 126 North by a Baxter County sheriff’s deputy.
The deputy reported the vehicle had a “spiderweb” like crack in the windshield and had also drifted left of center at one point. The deputy reported detecting the odor of marijuana when he approached the Jeep and observed that there were “numerous air fresheners hanging inside the vehicle.”
In a proposed stipulation of facts Benca filed July 15, he noted that Peer had a valid medical marijuana card. Benca argues that the database for checking “medical marijuana cards” is available to all members of law enforcement.
The defense attorney said the search of his client’s vehicle was based “on the smell of marijuana only.”
Peer told the deputy he had a pistol in the right-hand pocket of his jacket and was initially hesitant to give the pistol up. The weapon was eventually taken and secured.
When a second deputy responded to the scene, a search of the vehicle was started.
In his suppression motion, Benca alleges, “the police failed to secure a proper warrant to conduct their search and the consent to search in this case was done after the fact.”
Peer’s attorney also argues that there was no probable cause to believe that Peer’s vehicle contained items subject to seizure and that the search “cannot be justified as incident to a lawful arrest or based on consent.”
In a brief filed July 30, 2024, the state contended the search of Peer’s vehicle was legal and that courts have ruled that the smell of marijuana during a traffic stop gives an officer justification for searching a vehicle and its contents.
The state argues that because Peer held a medical marijuana card, does not mean his vehicle could not be searched. In addition, the state said that marijuana purchased with a medical marijuana card cannot be used in a vehicle.
In its brief, the state argues “officers cannot be expected to differentiate between dispensary marijuana and that sold on the street” by smell alone.
DRUGS WEAPONS AND CASH FOUND
The search was reported to have resulted in the finding of weapons and ammunition. In addition, 65 grams of Fentynal, 120 grams of marijuana, 440 oxycodone hydrochloride pills, 52 Alprazolam pills and a small quantity of cocaine were located.
The deputies also reported finding digital scales, a glass smoking pipe, a grinder to process marijuana and almost $3,800 in cash.
Two of Peer’s charges are Class Y Felonies, the most serious classification of crime in Arkansas not punishable by death. The potential sentencing range is from 10-years-to-life.
Peer has been free on $250,000 bond.
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